Agenda of Local Planning Panel meeting - Wednesday, 16 December 2020

LPP Report No. LPP40/20

Local Planning Panel

Date of Meeting: 16/12/2020

1 DEVELOPMENT APPLICATION - AMEND THE APPROVED HOURS OF OPERATION FOR THE MULTI-PURPOSE SPORTS COURTS - 130, 130A, 130X, 132 & 132A BOUNDARY ROAD, NORTH EPPING

EXECUTIVE SUMMARY

DA No:	DA/1566/2014/B (9 January 2020)
Description:	Section 4.55(2) application to multi-purpose sports courts and associated car parking and associated car parking development
Property:	Lot 913 DP 752053, Lot 1070 DP 752053, Lot 7304 DP 1131925, Lot 1073 DP 752053 and Lot 1034 DP 752053, Nos.130, 130A, 130X, 132 and 132A Boundary Road, North Epping
Applicant:	North Epping Bowling Club
Owner:	The State of New South Wales - North Epping Bowling and Community Club
Ward:	C

· The application proposes to amend the approved hours of operation of the multi-purpose sports courts.

· The development involves land owned by the Crown, in the care and control of Council. An independent assessment of the development application has been undertaken by Nexus Environmental Planning Pty Ltd.

· A total of 12 submissions have been received in respect of the application.

· The application is required to be determined by the Hornsby Council Local Planning Panel as 10 or more unique submissions were received by way of objection.

· It is recommended that the application be approved.

RECOMMENDATION

THAT pursuant to Section 4.55(2) of the Environmental Planning and Assessment Act 1979, Development Application No. DA/1566/2014 for the use of land at the North Epping Bowling and Community Club for multi-purpose sports courts and associated car parking at Lot 913 DP 752053, Lot 1070 DP 752053, Lot 7304 DP 1131925, Lot 1073 DP 752053 and Lot 1034 DP 752053, Nos.130, 130A, 130X, 132 and 132A Boundary Road, North Epping be amended as detailed in Schedule 1 of LPP Report No. LPP40/20.

ASSESSMENT

In accordance with the referral criteria and procedural requirements for Independent Hearing and Assessment Panels, the assessment of the development application has been referred to an independent town planning consultant as development involves land managed by Council. The report by Nexus Environmental Planning Pty Ltd is held at Attachment 2 of this report.

CONCLUSION

The Section 4.55(2) application seeks to amend condition No. 50 relating to the approved hours of operation.

Council has referred the application to an independent planning consultancy to carry out an assessment of the application. The assessment concludes that the modification should be approved.

Twelve submissions were received in respect of the application.

It is recommended that the Hornsby Local Planning Panel approve the modification in accordance with the recommendation in the report prepared by Nexus Environmental Planning Pty Ltd and the conditions of consent held at Schedule 1 of this report.

The reasons for this decision are:

· The proposed development complies with the requirements of the relevant environmental planning instruments and the Hornsby Development Control Plan 2013.

· The proposed development does not create unreasonable environmental impacts to adjoining development with regard to amenity.

Note: At the time of the completion of this planning report, no persons have made a Political Donations Disclosure Statement pursuant to Section 10.4 of the Environmental Planning and Assessment Act 1979 in respect of the subject planning application.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this report is Neil Kennan from Nexus Environmental Planning Pty Ltd.

Cassandra Williams

Major Development Manager - Development Assessments

Planning and Compliance Division

Rod Pickles

Manager - Development Assessments

Planning and Compliance Division

Attachments:

1.	Locality Plan
2.	Consultant's Report
3.	Plan of Management

File Reference: DA/1566/2014/B

Document Number: D08056486

SCHEDULE 1

Date of this modification:
Details of this modification:	Section 4.55(2) application to modify Condition 50 of Development Consent No. DA/1566/2014.
Conditions Added:	52A, 52B
Conditions Deleted:	Nil
Conditions Modified:	1, 50, 51(a)

GENERAL CONDITIONS

The conditions of consent within this notice of determination have been applied to ensure that the use of the land and/or building is carried out in such a manner that is consistent with the aims and objectives of the relevant legislation, planning instruments and Council policies affecting the land and does not disrupt the amenity of the neighbourhood or impact upon the environment.

Note: For the purpose of this consent, the term ‘applicant’ means any person who has the authority to act on or the benefit of the development consent.

Note: For the purpose of this consent, any reference to an Act, Regulation, Australian Standard or publication by a public authority shall be taken to mean the gazetted Act or Regulation or adopted Australian Standard or publication as in force on the date that the application for a construction certificate is made.

1. Approved Plans and Supporting Documentation

The development must be carried out in accordance with the plans and documentation listed below and endorsed with Council’s stamp, except where amended by Council and/or other conditions of this consent:

Approved Plans:

Plan No.	Plan Title	Drawn by	Dated	Council Reference
LP-01 E	Landscape Plan	Hornsby Shire Council	26/11/2015	D06835758
LP-02 E	Landscape Sections	Hornsby Shire Council	26/11/2015	D06835758
LP-03 E	Sediment Erosion Control/Tree Protection Plan	Hornsby Shire Council	26/11/2015	D06835758
LP-04 E	Sediment Erosion Control Details	Hornsby Shire Council	26/11/2015	D06835758
34.13 Issue 1	Stormwater Management/ Services and Driveway Sections Sheets 1 – 14	Hornsby Shire Council	Received by Council 17/06/2015	D05887518
LIAS_0148_1.01	Lighting Plan	Philips	1/10/2014	D04690971
LIAS_0148_1.02	Lighting Details	Philips	1/10/2014	D04690971

Supporting Documentation:

Document Title	Prepared by	Dated	Council Reference
Statement of Environmental Effects	Key Urban Planning	Nov 2014	D04271466
Geotechnical Investigation and Soil Classification Report	SMEC Testing Services	Oct 2014	D06331781
Noise Impact Assessment	SLR Global Environmental Solutions	13/11/2014	D04271468
Traffic and Car Parking Assessment	GTK Consulting	Nov 2014	D04271467
Addendum to Traffic Report	GTK Consulting	16/04/2015	D05300603
Traffic and Parking Assessment	GTK Consulting	October 2020	D08048127
Noise Impact Assessment	SLR Consulting Australia	22/05/2020	D07965233
North Epping Sports Centre Management Plan	North Epping Sports Centre	24/11/2020	D08055832

2. Removal of Existing Trees

a) This development consent permits the removal of trees numbered 1, 2, 3, 4, 5, 6 and 10 as identified on plan number LP – 03 Issue E Sediment Erosion Control/Tree Protection Plan prepared by Hornsby Shire Council dated 26/11/2015.

b) The removal of any other trees requires separate approval in accordance with the Tree and Vegetation Chapter 1B.6 Hornsby Development Control Plan (HDCP).

3. Construction Certificate

a) A Construction Certificate is required to be approved by Council or a Private Certifying Authority prior to the commencement of any works under this consent.

b) A separate Construction Certificate must be obtained from Council for all works within the public road reserve under S138 of the Roads Act.

c) A separate Construction Certificate must be obtained from Council for all works within drainage easements vested in Council.

d) The Construction Certificate plans must not be inconsistent with the Development Consent plans.

4. Project Arborist

A Project Arborist (AQF5 qualified) is to be appointed in accordance with AS 4970-2009 (1.4.4) to oversee installation of trunk protection measures, monitor the integrity of the tree protection methods, record any modifications or alterations to the tree protection zone fencing for the duration of the construction period and provide all required certification throughout the development process. The details of the appointed Arborist are to be provided to Council and the PCA prior to the issue of the construction certificate.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

5. Building Code of Australia

All building work must be carried out in accordance with the relevant requirements of the Building Code of Australia.

6. Construction Traffic Management Plan

In order to enable unencumbered movement of traffic in the public road during construction works, a Construction Management Plan, including a Traffic Management Plan and scaled construction plans prepared by a suitably Chartered and Qualified Chartered Civil Engineer and Qualified Worksite Traffic Controller shall be prepared and submitted to Hornsby Shire Council for approval according to the following requirements:

a) A copy of the plans shall be submitted for consideration and written approval by Hornsby Shire Council prior to the release of the Construction Certificate.

b) The plans shall detail the order of construction works and arrangement of all construction machines and vehicles being used at the same time during all stages.

c) The CTMP plans shall be in accordance with the approved Development Application plans and the Development Consent conditions.

d) In order to prevent injury, accident and loss of property, no building materials, work sheds, vehicles, machines or the like shall be allowed to remain in the road reserve area without the written consent of Hornsby Shire Council.

e) The Plan shall be generally in compliance with the requirements of the Road and Traffic Authority’s “Traffic Control at Worksites Manual 1998” and detailing:

i) Public notification of proposed works.

ii) Long term signage requirements.

iii) Short term (during actual works) signage.

iv) Vehicle Movement Plans, where applicable.

v) Traffic Management Plans.

vi) Pedestrian and Cyclist access and safety.

f) The plans shall indicate traffic controls including those used during non-working hours and shall provide pedestrian access and two-way traffic in the public road to be facilitated at all times.

g) The plans shall include the proposed truck routes to and from the site including details of the frequency of truck movements at the different stages of the development. The plan shall also include details of parking arrangements for all employees and contractors.

h) The Applicant and all employees of contractors on the site must obey any direction or notice from Hornsby Shire Council in order to ensure the above.

i) If there is a requirement to obtain a Work Zone, partial Road Closure or Crane Permit an application to Hornsby Shire Council is to be made prior to the issue the Construction Certificate.

7. Traffic Control Plan

A Traffic Control Plan (TCP) must be prepared by a qualified traffic controller in accordance with the Roads & Traffic Authority’s Traffic Control at Worksites Manual 1998 and Australian Standard 1742.3 for all work on a public road. The Traffic Management Plan shall be submitted and approved by Council’s Manager Traffic and Road Safety prior to the issue of a construction certificate. The TCP must detail the following:

a) Arrangements for public notification of the works.

b) Temporary construction signage.

c) Permanent post-construction signage.

d) Vehicle movement plans.

e) Traffic management plans.

f) Pedestrian and cyclist access/safety.

8. Footpath

A sealed concrete footpath must be designed along the full frontage of the subject site in Boundary Road from the cul-de-sac end to the driveway for No. 128 Boundary Road, as detailed in the approved plans in accordance Council’s Civil Works Design and Construction Specification 2005 and the following requirements:

a) The land adjoining the footpath to be fully turfed.

b) Any public utility adjustments to be carried out at the cost of the applicant and to the requirements of the relevant public authority.

9. Utility Services

The applicant must submit written evidence of the following service provider requirements:

a) Ausgrid (formerly Energy Australia) – a letter of consent demonstrating that satisfactory arrangements have been made to service the proposed development.

b) Telstra – a letter of consent demonstrating that satisfactory arrangements have been made to service the proposed development.

10. Sydney Water – Quick Check

This application must be submitted to a Sydney Water ‘Quick Check Agent’ or ‘Customer Centre’ for approval to determine whether the development would affect any Sydney Water infrastructure, and whether further requirements are to be met.

Note: Refer to www.sydneywater.com.au or telephone 13 20 92 for assistance.

11. Identification of Survey Marks

A registered surveyor must identify all survey marks in the vicinity of the proposed development. Any survey marks required to be removed or displaced as a result of the proposed development shall be undertaken by a registered surveyor in accordance with Section 24 (1) of the Surveying and Spatial Information Act 2002 and following the Surveyor General’s Directions No.11 – "Preservation of Survey Infrastructure".

12. Internal Driveway/Vehicular Areas

The driveway and parking areas on site must be designed in accordance with Australian Standards 2890.1, 2890.2, 3727 and the following requirements:

a) The driveway (access crossing) must be a rigid pavement.

b) The internal parking is to be constructed with 45mm Asphalt AC10.

c) The driveway grade is to comply with AS 2890.1 and AS 2890.2.

d) Retaining walls required to support the carriageway and the compaction of all fill batters must be in accordance with the requirements of a chartered structural engineer.

e) A total of 10 bicycle racks are to be marked on the plans. Bicycle parking spaces are to be designed in accordance with AS 2890.3-1993.

13. Pick-up and Drop-off Zone

A “pick-up and drop-off zone” shall be demarcated at the cul-de-sac end of the Boundary Road and submitted for approval prior to the issue of the Construction Certificate.

14. On-Site Stormwater Detention

An on-site stormwater detention system must be designed by a chartered civil engineer in accordance with the following requirements:

a) Have a capacity of not less than 20 cubic metres, and a maximum discharge (when full) of 16.7 litres per second.

b) Have a surcharge/inspection grate located directly above the outlet.

c) Discharge from the detention system to be controlled via 1 metre length of pipe, not less than 50 millimetres diameter or via a stainless plate with sharply drilled orifice bolted over the face of the outlet discharging into a larger diameter pipe capable of carrying the design flow to an approved Council system.

d) Not be constructed in a location that would impact upon the visual or recreational amenity of users of the site.

15. Stormwater Drainage

The stormwater drainage system for the development must be designed in accordance with Council’s Civil Works – Design and Construction Specification 2005 and the following requirements:

a) Connected directly to Council’s street drainage system via the on-site detention tank.

b) The roof and stormwater drainage system from the existing building to be connected to the proposed drainage system.

c) All stormwater from the development site is to be directed to the bio-retention area.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

16. Construction Traffic Management Plan

A document signed by the Principle Building Contractor is to be submitted to Hornsby Council to confirm the following:

a) The specified travel routes in the approved Construction Traffic Management Plan are to be complied with.

b) The details of the truck routes are will be provided to the excavation and concrete contractors.

17. Erection of Construction Sign

A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:

a) Showing the name, address and telephone number of the principal certifying authority for the work.

b) Showing the name of the principal contractor (if any) for any demolition or building work and a telephone number on which that person may be contacted outside working hours.

c) Stating that unauthorised entry to the work site is prohibited.

Note: Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

18. Protection of Adjoining Areas

A temporary hoarding, fence or awning must be erected between the work site and adjoining lands before the works begin and must be kept in place until after the completion of the works if the works:

a) Could cause a danger, obstruction or inconvenience to pedestrian or vehicular traffic.

b) Could cause damage to adjoining lands by falling objects.

c) Involve the enclosure of a public place or part of a public place.

Note: Notwithstanding the above, Council’s separate written approval is required prior to the erection of any structure or other obstruction on public land.

19. Toilet Facilities

Toilet facilities must be available or provided at the works site before works begin and must be maintained until the works are completed at a ratio of one toilet for every 20 persons employed at the site. Each toilet must:

a) Be a standard flushing toilet connected to a public sewer.

b) Be a temporary chemical closet approved under the Local Government Act 1993.

c) Have an on-site effluent disposal system approved under the Local Government Act 1993.

20. Erosion and Sediment Control

Erosion and sediment control measures must be provided and maintained throughout the construction period in accordance with the manual ‘Soils and Construction 2004 (Bluebook)’, the approved plans, Council specifications and to the satisfaction of the principal certifying authority. The erosion and sediment control devices must remain in place until the site has been stabilised and revegetated.

Note: On the spot penalties may be issued for any non-compliance with this requirement without any further notification or warning.

21. Tree Protection Barriers

a) Tree protection fencing must be erected around trees numbered T8, T9, T11, T12, T13, T14, T16, T17 & T18 as identified on the approved plan LP - 03 E, to be retained at the nominated Tree Protection Zones (TPZ) listed below:

Tree No.	Tree Protection Zone
T8, T11, T12, T14, T18	7m
T13, T16, T17	4m

b) The tree fencing must be contiguous and constructed of 1.8 metre ‘cyclone chainmesh fence’ and must be erected in accordance with AS 4970-2009 (4.3 - Fig.3).

c) Tree fencing for trees T8, T9, T12, T13, & T14 may be repositioned in accordance with Section 4 (AS 4970), under the direction of the Project Arborist.

d) The Project Arborist must submit a certificate to the Principal Certifying Authority (PCA) confirming that all tree protection measures have been installed in accordance with this consent and the specific requirements of Australian Standard Protection of Trees on Development Sites (AS 4970-2009) and the Arborist Report.

22. Bushfire Management – Fence Installation

To ensure the protection of bushland during construction, the applicant must ensure the following:

a) The 1.8-metre-high chain wire fence (or similar) must be installed along the bottom of the western embankment as identified on the approved plans.

b) The fencing must not encroach within the Lane Cove National Park.

c) All machinery must be cleaned of soil and debris before entering the site to prevent the spread of weeds and fungal pathogens.

d) No material stock piles, no changes to soil aeration or hydrological capacity, no preparation of chemicals in adjoining areas, no open cut trenching, no placement of temporary buildings, no parking or movement of machinery, no spillage/disposal of building waste is to occur within the fenced off bushland.

e) The fencing shall allow access gate (with security locks) to allow bushland maintenance or other specific personnel to access environmentally sensitive areas.

f) The fencing must include a ‘NO ENTRY’ signage to inform the purpose of the fence to the construction personnel.

23. Removal of Hollow Bearing Trees

Prior to works commencing in relation to removal of hollow bearing trees the following requirements are to be complied with:

a) The project ecologist must undertake pre-clearance surveys, capture any wildlife from the hollows with traps set at a minimum of two nights and relocate into a nesting box.

b) Trees are to be removed in sections, by a qualified tree surgeon, in the presence of a ‘Wildlife Carers’ organisation to assist in the event of fauna injury.

Note: ‘WIRES’ (Wildlife Rescue) volunteers can be contacted on 8977 3333. ‘Wildlife Services Sydney Metropolitan’ volunteers can be contacted on 9413 4300. Information on animal nesting boxes can be obtained from WIRES, Kalkari Information Centre in Ku-Ring-Gai Chase National Park or Birds Australia www.birdsaustralia.com.au.

REQUIREMENTS DURING CONSTRUCTION

24. Construction Work Hours

All work on site (including demolition and earth works) must only occur between 7am and 5pm Monday to Saturday (unless otherwise approved in writing by Council due to extenuating circumstances). No work is to be undertaken on Sundays or public holidays.

25. Demolition

All demolition work must be carried out in accordance with Australian Standard 2601-2001 The Demolition of Structures and the following requirements:

a) Demolition material must be disposed of to an authorised recycling and/or waste disposal site and/or in accordance with an approved waste management plan.

26. Environmental Management

The site must be managed in accordance with the publication ‘Managing Urban Stormwater – Landcom (March 2004) and the Protection of the Environment Operations Act 1997 by way of implementing appropriate measures to prevent sediment run-off, excessive dust, noise or odour emanating from the site during the construction of the development.

27. Street Sweeping

Street sweeping must be undertaken following sediment tracking from the site along Boundary Road during works and until the site is established.

The street cleaning services must undertake a street ‘scrub and dry’ method of service and not a dry sweeping service that may cause sediment tracking to spread or cause a dust nuisance.

28. Bushland Protection During Construction

To ensure the protection of bushland during construction, the applicant must ensure the following:

a) Maintain the 1.8-metre-high chain wire fence (or similar) along the bottom of the western embankment.

b) No material stock piles, no changes to soil aeration or hydrological capacity, no open cut trenching, no placement of temporary buildings, no parking or movement of machinery, no spillage/disposal of building waste are to occur against the protection fencing.

c) Maintain the signage to inform construction personnel of the purpose of the fence.

Note: Unauthorised access is not permitted within the Lane Cove National Park without consent from the Office of Environment and Heritage.

29. Protection from Soil Pathogens

To protect native flora and fauna from infection and infestation of pathogens and weeds all machinery shall be cleaned of soil and debris before entering the subject site to prevent the spread of weeds and fungal pathogens such as Cinnamon Fungus (Phytophthora cinnamomi) and Chytrid Fungus (Batrachochytrium dendrobatidis).

30. Works Near Trees

a) All required tree protection measures are to be maintained in good condition for the duration of the construction period.

b) All works within the Tree Protection Zones of trees T8, T9, T11, T12, T14, T14, T15 & T16 are to be conducted in accordance with the following conditions:

i) Works must not reduce the useful life expectancy of the tree and be carried out under the direct supervision of the Project Arborist. The Project Arborist must assess the condition of the trees and the growing environment and make recommendations for, and if necessary carry out remedial action to ensure the health and vigour of the trees.

ii) Excavation within the nominated Tree Protection Zones shall be carried out by hand excavation ONLY.

iii) Excavation must not exceed 15% of a TPZ and is to occur at a minimum distance of 3m from the trunk of any tree.

iv) Pruning of tree roots (if required) shall be undertaken as specified in AS 4970-2009 (Sections 3.3.4, 4.5.4 and 4.5.5). A certificate must be submitted by the Project Arborist to the principal certifying authority detailing the methods used to preserve the trees.

v) To ensure longevity of the tree T14, the driveway is to be laid on/above existing grade. The driveway edge must remain at a distance greater than 500mm from the edge of the trunk of any tree.

c) The Project Arborist must submit a certificate to the Principal Certifying Authority (PCA) detailing the methods used to preserve these trees during the course of demolition and construction.

Note: Except as provided above, the applicant is to ensure that no excavation, filling or stockpiling of building materials, parking of vehicles or plant, disposal of cement slurry, waste water or other contaminants occurs within 4 metres of any tree to be retained.

31. Council Property

During construction works, no building materials, waste, machinery or related matter is to be stored on the road or footpath. The public reserve must be kept in a clean, tidy and safe condition at all times.

32. Disturbance of Existing Site

During construction works, the existing ground levels of open space areas and natural landscape features, (including natural rock-outcrops, vegetation, soil and watercourses) must not be altered unless otherwise nominated on the approved plans.

33. Landfill

Landfill must be constructed in accordance with Council’s ‘Construction Specification 2005’ and the following requirements:

a) All fill material imported to the site is to wholly consist of Virgin Excavated Natural Material (VENM) as defined in Schedule 1 of the Protection of the Environment Operations Act 1997 or a material approved under the Department of Environment and Climate Change’s general resource recovery exemption.

34. Excavated Material

All excavated material removed from the site must be classified in accordance with the Department of Environment, Climate Change and Water NSW Waste Classification Guidelines prior to disposal to an approved waste management facility and reported to the principal certifying authority.

35. Asbestos and Soil Contamination

Should the presence of asbestos or soil contamination, not recognised during the application process be identified during works, the applicant must immediately notify the principal certifying authority and Council.

36. Traffic Control Plan Compliance

The development must be carried out in accordance with the submitted Traffic Control Plan (TCP) and the Construction Traffic Management Plan including the truck access routes and parking of construction vehicles.

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

Note: For the purpose of this consent, a reference to ‘occupation certificate’ shall not be taken to mean an ‘interim occupation certificate’ unless otherwise stated.

37. Road Works

The following signage is to be installed in relation to the development:

a) “NO STOPPING” signs to be installed at the intersection of Boundary Road and Braidwood Avenue, to create the statutory 10m “No stopping zone”.

b) “NO STOPPING” signs are to be installed at the intersection of Boundary Road and Norfolk Road, to create the statutory 10m “No stopping zone”.

c) “A GIVE WAY sign” and line marking to be installed on Norfolk Road at its intersection with Boundary Road.

d) The frontage of the bus stop on the western side on Norfolk Road (at its intersection with Boundary Road) is to be upgraded to a ‘BUS ZONE’; and

e) “NO PARKING” signs are to be installed at the turning head of the cul-de-sac in Boundary Road.

f) The “PICK-UP” and “DROP-OFF” zone be marked at the cul-de-sac end of Boundary Road.

Note: Installation of the signs requires approval by the Hornsby Local Traffic Committee.

38. Internal Driveway/Vehicular Areas

All car-parking areas are to be constructed in accordance with Australian Standard AS/NZS 2890.1:2004 – Off-street car parking and Australian Standard AS 2890.2:2002 – Off-street commercial vehicle facilities and the following requirements:

a) All internal driveway works are to be completed in accordance with Condition 14 of this development consent.

b) All parking spaces and driveways are to be sealed to all weather standards, line marked and signposted.

c) All parking for people with disabilities is to comply with AS/NZS 2890.6:2009 Off-street parking for people with disabilities.

d) Any proposed landscaping and/or fencing must not restrict sight distance to pedestrians and cyclists travelling along the footpath.

39. Damage to Council Assets

Any damage caused to Council’s assets as a result of the construction of the development must be rectified in accordance with Council’s Civil Works Specifications.

40. Creation of Easements

The following matter(s) must be nominated on the plan of subdivision under s88B of the Conveyancing Act 1919:

a) The creation of an appropriate "Positive Covenant" and "Restriction as to User" over the constructed on-site detention/retention systems and outlet works, within the lots in favour of Council in accordance with Council’s prescribed wording. The position of the on-site detention system is to be clearly indicated on the title.

b) To register the OSD easement, the restriction on the use of land “works-as-executed” details of the on-site-detention system must be submitted verifying that the required storage and discharge rates have been constructed in accordance with the design requirements. The details must show the invert levels of the on-site system together with pipe sizes and grades. Any variations to the approved plans must be shown in red on the “works-as-executed” plan and supported by calculations.

Note: Council must be nominated as the authority to release, vary or modify any easement, restriction or covenant.

41. Retaining Walls

All required retaining walls must be constructed as part of the development. The retaining walls are to be designed by a structural engineer.

42. Final Certification Acoustic Consultant

A final certificate must be provided by the Acoustic Consultant stating that the recommended measures within the Acoustic Report including the 1.8m high acoustic fence identified in the approved plans, have been complied with.

43. External Lighting

All external lighting must be designed and installed in accordance with Australian Standard AS 4282 – Control of the Obtrusive Effects of Outdoor Lighting and the approved Lighting Plan listed in Condition 1 of this development consent. The impact of light spill on to Lane Cove National Park must be minimised. Certification of compliance with the Standard must be obtained from a suitably qualified person.

44. Landscaping

The development area of the adjoining the site must be appropriately landscaped in accordance with the approved Landscape Plan LP – 01 E dated 26/11/2015 listed in Condition 1 of this development consent and the following requirements:

a) Replacement planting locations and species must be in accordance with the approved LP-01 E.

b) Locally native ground cover species must be planted at a density of 3 per square metre, along the top of edge of the western facing embankment that adjoins Lane Cove River National Park.

c) Plantings that fail to survive or do not exhibit normal health and vigour growth characteristics for their species prior to reaching a height greater than three metres (3m), must be replaced at the expense of the property owner.

d) Primary and follow up weed control is to be undertaken prior to planting of tube stock.

e) All environmental and noxious weeds must be removed and suppressed using recognised bush regeneration methods. The works are to be undertaken by a qualified and experienced bush regeneration contractor.

f) A 4.2m high chainmesh fence must be installed on three sides of the proposed court as approved in LP – 01 E, to minimise disturbance to and littering of the Lane Cove National Park.

Note: A certificate from suitably qualified and experienced Horticulturalist is to be submitted to the Principal Certifying Authority stating that all plant stock meet the specifications outlined in ‘Specifying Trees’ (Ross Clark, NATSPEC Books) and that the planting methods are current, professional (best practice) industry standards at the time of planting.

The plant species should be selected and positioned so that at maturity the tree is protected under the Hornsby Development Control Plan 2013.

45. Final Certification

a) The Project Arborist must assess the condition of all trees and the growing environment, where works have been conducted within the nominated tree protection zones, and make recommendations for, and carry out remedial actions where necessary.

b) Following the final inspection and the completion of any remedial works, the Project Arborist must submit a report stating that the completed works have been carried out in compliance with the approved plans and specifications for tree protection as above and AS 4970-2009.

c) A certificate must be provided by a practicing landscape architect, horticulturalist or person with similar qualifications and experience certifying that all required landscaping works have been satisfactorily completed in accordance with the approved landscape plans and the requirements of Condition no. 44.

46. Preservation of Survey Marks

A certificate by a Registered Surveyor must be submitted to the Principal Certifying Authority, certifying that there has been no removal, damage, destruction, displacement or defacing of the existing survey marks in the vicinity of the proposed development or otherwise the re-establishment of damaged, removed or displaced survey marks has been undertaken in accordance with the Surveyor General’s Direction No.11 – “Preservation of Survey Infrastructure”.

47. Construction of Engineering Works

All engineering works including but not be limited to the stormwater works, on-site detention system, water quality treatment system and road works/signage identified in this consent are to be completed and a Compliance Certificate issued prior to the release of the Occupation Certificate.

48. Management of the Site

A “Plan of Management” for the proposed use must be prepared and include (but not be limited to) the following details:

a) The proposed facilities and the timings.

b) Pick-up and drop-off facilities.

c) Hours of use.

d) Emergency contact number when the premise is unstaffed.

e) Requirement for the use of training whistles only.

Note: A copy of the Management Plan is to be submitted to Council prior to the issue of the Occupation certificate.

OPERATIONAL CONDITIONS

49. Car Parking and Deliveries

All car parking must be constructed and operated in accordance with Australian Standard AS 2890.1-2004 Off Street Car Parking and Australian Standard 2890.2-2002 Off Street Commercial and the following requirement:

a) Car parking, loading and manoeuvring areas to be used solely for nominated purposes.

b) All bicycle racks are to be provided and maintained on site.

c) Vehicles awaiting loading, unloading or servicing shall be parked on site and not on adjacent or nearby public roads.

d) All vehicular entry on to the site and egress from the site shall be made in a forward direction.

50. Use of Premises

a) The development approved under this consent shall be used for “Multipurpose recreational activities” and not for any other purpose without Council’s written consent. Such usage be allowed between:

i) 8:30am and 9.30pm on Mondays to Saturdays.

ii) 9:00am to 9:30pm on Sundays and Public Holidays.

b) The maximum number of players per hour will be:

i) 30 players per hour, from 8.30am to 6.00pm on Mondays to Saturdays and from 9.00am to 6.00pm on Sundays and public holidays.

ii) 36 players per hour from 6.00pm to 9.30pm Monday to Sunday (7 days/week).

c) All players associated with the use of the facility shall depart the facility by no later than 9.45pm.

d) The use must be conducted in accordance with the approved “Management Plan”.

e) A sign must be displayed in a prominent location displaying the emergency contact number when the premise is unstaffed.

51. Noise

a) All noise generated by the proposed development when assessed as a Leq, 15 minutes at any affected point on or within any residential premises must not exceed 40 dB(A), Where such noise being emitted to adjacent premises possess tonal, beating or similar characteristics a correction factor of 5dB(A) shall be added to the measured level in accordance with the EPA's Noise Policy for Industry.

b) The use of the premise must be controlled so that any emitted noise is at a level so as not to create an “offensive noise” as defined in the Protection of the Environment Operations Act 1997 to any affected receiver.

c) No amplified music/announcements are permitted.

52. Landscape Establishment

The landscape works must be maintained into the future to ensure the establishment and successful growth of plant material to meet the intent of the landscape design. This must include but not be limited to watering, weeding, replacement of failed plant material and promoting the growth of plants through standard industry practices.

52A. Monitoring of the Facility

The operation of the facility is to be monitored by Council and all traffic related issues will be reported to the Hornsby Local Traffic Committee.

52B. No Parking Signage

The 20-metre-long ‘No Parking, 3pm‑9pm Monday to Friday’ be modified to 'No Parking' without a time limit on it, subject to approval of Hornsby Local Traffic Committee.

CONDITIONS OF CONCURRENCE - NSW RURAL FIRE SERVICE

The following conditions of consent are from the nominated State Agency pursuant to Section 4.47 of the Environmental Planning and Assessment Act 1979 and must be complied with to the satisfaction of that Agency.

53. Asset Protection Zones

At the commencement of building works (encompassing the new Multi-Purpose Courts and car park and the upgraded Girl Guides Hall car park) an in perpetuity the entire property up to the site boundaries, shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

Note: The intent of measures is to minimise the risk of bush fire attack and provide protection for emergency services personnel, residents and others assisting firefighting activities.

54. Water and Utilities

Water, electricity and gas are to comply with section 4.1.3 of 'Planning for Bush Fire Protection 2006'.

Note: The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building.

55. Access

Public road access from Boundary Road to the new Multi-Purpose Court car park and upgraded Girl Guides Hall car park shall comply with section 4.1.3 (1) of 'Planning for Bush Fire Protection 2006'.

Note: The intent of measures for public roads is to provide safe operational access to structures and water supply for emergency services, while residents are seeking to evacuate from an area.

- END OF CONDITIONS -

LPP Report No. LPP37/20

Local Planning Panel

Date of Meeting: 16/12/2020

2 DEVELOPMENT APPLICATION - TORRENS TITLE SUBDIVSION OF 2 LOTS INTO 5 LOTS - NO. 18 TURNER ROAD & 67 WOODCOURT ROAD, BEROWRA HEIGHTS

EXECUTIVE SUMMARY

DA No:	DA/123/2020 (Lodged on 21 February 2020)
Description:	Demolition of the dwelling house and Torrens title subdivision of two allotments into five lots
Property:	Lot 6 DP 21959, No. 18 Turner Road Berowra Heights and Lot 2 DP 507514, No. 67 Woodcourt Road Berowra Heights
Applicant:	Peter Blake
Owner:	PSB Capital Pty Ltd
Estimated Value:	$200,000
Ward:	A

· The proposal involves the demolition of the dwelling house and Torrens title subdivision of two allotments into five lots.

· The proposed development does not comply with State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 and the Hornsby Development Control Plan 2013.

· A total of 15 submissions have been received in respect of the application.

· The application is required to be determined by the Hornsby Council Local Planning Panel as 10 or more unique submissions were received by way of objection.

· The applicant has filed a Class 1 Appeal with the NSW Land and Environment Court in relation to Council’s deemed refusal of the DA. The Section 34 Conference is listed for 11 February 2021.

· It is recommended that the application be refused.

RECOMMENDATION

THAT Development Application No. DA/123/2020 for demolition of the dwelling house and Torrens title subdivision of two allotments into five lots at Lot 6 DP 21959, No. 18 Turner Road Berowra Heights and Lot 2 DP 507514, No. 67 Woodcourt Road Berowra Heights be refused for the reasons detailed in Schedule 1 of LPP Report No. LPP37/20.

BACKGROUND

The application was lodged with the Council on 21 February 2020. The application was notified by Council in accordance with the provisions of the Community Participation Plan and 15 submissions were received by way of objection.

On 20 March 2020, Council requested additional information in the form of a floor plan and BASIX Certificate for the dwelling house on Lot 5 and the submission of evidence that the site benefits from the existing drainage easement at the intersection of No. 18 Turner Road and No. 67 Woodcourt Road. On 24 March 2020, Council received the requested NSW LRS title documents, BASIX Certificate and a floor plan of the dwelling on Lot 5.

On 28 April 2020, Council requested additional information in relation to the proposed development regarding stormwater drainage and accessway design.

On 15 June 2020, Council requested the submission of revised plans to address Council’s concerns that the proposed development would result in a substantial loss of vegetation and biodiversity. In particular, tree Nos. 19, 23, 24, 25, 26, 43, 47, 51, 53 and 54 on proposed Lot 2 were identified by Council as being of particular importance and should be retained.

On 6 July 2020, Council received revised subdivision plans and a revised arborist report.

On 14 July 2020, the Applicant filed a Class 1 Appeal in relation to Council’s deemed refusal of the application. The Section 34 Conference is listed in the NSW Land and Environment Court for 11 February 2021.

Between August and October 2020, Council received additional information and amended plans on a ‘without prejudice’ basis with the intent of resolving Council’s concerns through the court process.

On 12 November 2020, legal advice was received from Council’s solicitor advising that the additional information and amended plans submitted after the filing of the Class 1 appeal were provided on a ‘without prejudice’ basis and they have not been requested by the Applicant to constitute a change to the application. Accordingly, it was advised that the application should be determined on the basis of the plans submitted prior to the filing of the Class 1 appeal.

SITE

The subject site comprises 2 directly adjoining allotments described as Lot 6 DP21959 known as No. 18 Turner Road, and Lot 2 DP507514 known as No. 67 Woodcourt Road, Berowra Heights. Lot 6 DP512959 fronts Turner Road and has an area of 2,084m², whilst Lot 2 DP507514 fronts Woodcourt Road and has an area of 1,246m².

The total site is a long narrow parcel of land with an area of 3,330m² which has a frontage of 17.07 metres to Turner Road and a narrow access handle frontage of 3.66 metres to Woodcourt Road. An existing dilapidated single storey clad residence is located on No. 18 Turner Road, whilst No. 67 Woodcourt Road has an existing single storey brick and weatherboard construction residence.

The site is extensively vegetated with a variety of native and exotic trees as detailed in the Arboricultural Assessment Report. The Arboricultural Assessment Report identifies the site as containing approximately 88 trees, of which 5 are identified as dead. The site has a gradual slope from Turner Road and drops from 211 AHD to 202.9 AHD at the Woodcourt Road frontage, for a distance of approximately 244 metres.

The northern portion of the site is identified as flood prone land and contains an overland flow path and stormwater pipes within an existing 3.66-metre-wide easement adjacent to an open earth drain. This open earth drain is partially impacted by a 1% AEP overland flow flood path.

The site is not bushfire prone.

The site does not contain a heritage item, is not in the vicinity of a heritage listed item and is not located within a heritage conservation area.

The site is located within an established low-density residential area of Berowra Heights that is primarily comprised of single free-standing dwellings, situated on lots which are generally larger than that proposed by the development. The Berowra Heights Shopping Centre is located a short distance away on the opposite side of Turner Road.

The subject site shares boundaries with 9 properties. Adjacent to the south-western boundary, the site adjoins No. 20 Turner Road, on which is situated a single storey brick dwelling with a Colorbond roof and No. 26 Lingellen Road on which is situated a single storey brick dwelling with a Colorbond roof.

On the north-western boundary of the site, the proposal adjoins No. 69 Woodcourt Road, on which is situated a single storey weatherboard cottage with a Colorbond roof and No. 45 Lingellen Road on which is situated a part 1 and part 2 storey cottage which comprises brick and weatherboard construction with a colour bond roof. The site also shares a boundary with the rear portion of No. 71 Woodcourt Road.

No. 65 Woodcourt Road is located adjacent to the northern boundary of the site substantially adjacent to the access handle from Woodcourt Road. On that property is located a two-storey brick dwelling with a Colorbond roof. Situated behind that property and sharing the northern boundary with the subject site, is No. 61 Woodcourt Road.

Along the north-eastern boundary the subject site shares a boundary with No. 16 Turner Road on which is situated a single storey rendered dwelling with a Colorbond roof and No. 16A Turner Road on which is situated a part 1 and part 2 storey brick dwelling with a Colorbond roof.

PROPOSAL

The application seeks consent for the demolition of an existing dwelling house and Torrens title subdivision of 2 lots into 5 lots on land known as No. 18 Turner Road and No. 67 Woodcourt Road, Berowra Heights.

The proposal also seeks to reposition the existing dwelling located on No. 67 Woodcourt Road and the construction of a 4-metre-wide access handle along the eastern side boundary of the property and associated utilities. The proposed right of access will extend from Turner Road for a length of approximately 120 metres and will make provision for a landscaped strip on either side.

Proposed Lot 1 is a vacant rectangular shaped allotment with an area of 500.3m² and frontage of 13.07 metres to Turner Road. The proposed lot is identified to accommodate a building envelope of 316m² and a private open space area of 25.3m².

Proposed Lots 2 and 3 are vacant rectangular shaped battle-axe lots with areas of 500.1m² and 500m² respectively that obtain access via the proposed 4 metre right of access. The proposed lots are each identified to accommodate a building envelope greater than 200m² and a private open space area of 25.3m². The proposed allotments are both benefitted by a 4-metre-wide easement for services and a 1 metre wide easement for drainage.

Proposed Lot 4 is a vacant rectangular shaped battle-axe lot with an area of 509.6m² (excluding access) that obtains access via the 4-metre-wide right of access. The proposed lot is identified to accommodate a building envelope of 280m² and a private open space area of 25.3m². The proposed allotment is benefitted by the 4-metre-wide easement for services and a 1 metre wide easement for drainage. The allotment is also burdened by a 0.9-metre-wide drainage easement.

Proposed Lot 5 is an irregular shaped battle-axe lot with an area of 652.3m² and a frontage of 3.66 metres to Woodcourt Road. It will contain the existing residence which is located on No. 67 Woodcourt Road which is proposed to be shifted northwards within proposed Lot 5.

The proposal also seeks consent for the removal of trees to facilitate construction of the subdivision. The Arboricultural Assessment Report advises that the proposed subdivision would necessitate the removal of 62 trees to accommodate the driveway handle and building envelopes. Four of the trees proposed to be removed or impacted have been identified as being Syzygium paniculatum (Magenta Lilly Pilly) which are listed as vulnerable and subject to threatened conservation status under the NSW Biodiversity Conservation Act 2016 (BC Act) and the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).

ASSESSMENT

The development application has been assessed having regard to the Greater Sydney Region Plan – A Metropolis of Three Cities, the North District Plan and the matters for consideration prescribed under Section 4.15 of the Environmental Planning and Assessment Act 1979 (the Act). The following issues have been identified for further consideration.

1. STRATEGIC CONTEXT

1.1 Greater Sydney Region Plan - A Metropolis of Three Cities and North District Plan

The Greater Sydney Region Plan - A Metropolis of Three Cities has been prepared by the NSW State Government to guide land use planning decisions for the next 40 years (to 2056). The Plan sets a strategy and actions for accommodating Sydney’s future population growth and identifies dwelling targets to ensure supply meets demand. The Plan also identifies that the most suitable areas for new housing are in locations close to jobs, public transport, community facilities and services.

The NSW Government will use the subregional planning process to define objectives and set goals for job creation, housing supply and choice in each subregion. Hornsby Shire has been grouped with Hunters Hill, Ku-ring-gai, Lane Cove, Mosman, North Sydney, Ryde, Northern Beaches and Willoughby to form the North District. The Greater Sydney Commission has released the North District Plan which includes priorities and actions for Northern District for the next 20 years. The identified challenge for Hornsby Shire will be to provide an additional 4,350 dwellings by 2021 with further strategic supply targets to be identified to deliver 97,000 additional dwellings in the North District by 2036.

Whilst the proposed development would be consistent with the Greater Sydney Region Plan - A Metropolis of Three Cities and the North District Plan by providing additional allotments capable of contributing to achieving the dwelling targets for the region, it is considered that the proposal is an overdevelopment of the site given the site constraints.

2. STATUTORY CONTROLS

Section 4.15(1)(a) requires Council to consider “any relevant environmental planning instruments, draft environmental planning instruments, development control plans, planning agreements and regulations”.

2.1 Hornsby Local Environmental Plan 2013

The proposed development has been assessed having regard to the provisions of the Hornsby Local Environmental Plan 2013 (HLEP).

2.1.1 Zoning of Land and Permissibility

The subject land is zoned R2 Low Density Residential under the HLEP. The objectives of the R2 zone are:

· To provide for the housing needs of the community within a low-density residential environment.

· To enable other land uses that provide facilities or services to meet the day to day needs of residents.

The proposed development is defined as ‘subdivision’ and is permissible in the zone with Council’s consent.

2.1.2 Minimum Subdivision Lot Size

Clause 4.1 of the HLEP prescribes that the minimum subdivision lot size is not to be less than shown for the land on the minimum lot size Map. The minimum lot size for the subject site is 500m².

The proposed subdivision would result in allotments of the following sizes:

· Lot 1 having an area of 500.3m²

· Lot 2 having an area of 500.1m²

· Lot 3 having an area of 500m²

· Lot 4 having an area of 509.6m²(excluding access)

· Lot 5 having an area of 652.3m²(excluding access)

The proposed allotments comply with the minimum subdivision lot size development standard pursuant to Clause 4.1 of the HLEP.

2.1.3 Height of Buildings

Clause 4.3 of the HLEP provides that the height of a building on any land should not exceed the maximum height show for the land on the Height of Buildings Map. The maximum permissible height for the subject site is 8.5m. The dwelling house located within the existing property at No. 67 Woodcourt Road is proposed to be repositioned within proposed Lot 5. The dwelling house would have a maximum height of 4.5m

The proposal complies with Clause 4.3 of the HLEP.

2.1.4 Heritage Conservation

Clause 5.10 of the HLEP sets out heritage conservation provisions for Hornsby Shire. The site does not include a heritage item and is not located in a heritage conservation area. Accordingly, no further assessment regarding heritage is necessary.

2.1.5 Earthworks

Clause 6.2 of the HLEP states that consent is required for proposed earthworks on site. Before granting consent for earthworks, Council is required to assess the impacts of the works on adjoining properties, drainage patterns and soil stability of the locality.

The proposed accessway would be constructed on-grade and the extent of the earthworks required for the proposed development and on-site stormwater detention system would be minor and consistent with Clause 6.2 of the HLEP.

2.2 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017

State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 (Vegetation SEPP) aims to protect the biodiversity and amenity values of trees within non-rural areas of the state.

Part 3, Clause 9(2) of the Vegetation SEPP states that a Development Control Plan may make a declaration in any manner relating to species, size, location and presence of vegetation. Accordingly, Part 1B.6.1 of the Hornsby Development Control Plan 2013 (HDCP) prescribes works that can be undertaken with or without consent to trees and objectives for tree preservation.

The application has been assessed against the requirements of the Vegetation SEPP and it has been determined that the proposal would not meet the objectives of the Vegetation SEPP. This matter is addressed in Sections 2.6.5 and 2.6.6 of this report.

2.3 State Environmental Planning Policy No. 55 Remediation of Land

The application has been assessed against the requirements of State Environmental Planning Policy No. 55 Remediation of Land (SEPP 55) under which consent must not be granted to the carrying out of any development on land unless the consent authority has considered whether the land is contaminated or requires remediation for the proposed use.

Should the land be contaminated, Council must be satisfied that the land is suitable in a contaminated state for the proposed use. If the land requires remediation to be undertaken to make the land suitable for the proposed use, Council must be satisfied that the land will be remediated before the land is used for that purpose.

An examination of Council’s records and aerial photography has determined that the site has been historically used for residential purposes. It is not likely that the site has experienced any significant contamination, and further assessment under SEPP 55 is not required.

It is also noted that due to the age of the existing dwelling houses and the associated outbuildings, there is potential for the existing buildings to contain asbestos. Accordingly, if approval were recommended conditions of consent would require all asbestos to be removed from the site by a licenced contractor in accordance with Australian Standard AS2601-2001 Demolition of structures.

2.4 Sydney Regional Environmental Plan No. 20 Hawkesbury-Nepean River

The site is located within the catchment of the Hawkesbury Nepean River. Part 2 of this Plan contains general planning considerations and strategies requiring Council to consider the impacts of development on water quality, aquaculture, recreation and tourism.

Subject to the implementation of sediment and erosion control measures and stormwater management to protect water quality, the proposal would comply with the requirements of the Policy.

2.5 Section 3.42 Environmental Planning and Assessment Act 1979 - Purpose and Status of Development Control Plans

Section 3.42 of the Environmental Planning and Assessment Act 1979 states that a DCP provision will have no effect if it prevents or unreasonably restricts development that is otherwise permitted and complies with the development standards in relevant Local Environmental Plans and State Environmental Planning Policies.

The principal purpose of a development control plan is to provide guidance on the aims of any environmental planning instrument that applies to the development; facilitate development that is permissible under any such instrument; and achieve the objectives of land zones. The provisions contained in a DCP are not statutory requirements and are for guidance purposes only. Consent authorities have flexibility to consider innovative solutions when assessing development proposals, to assist achieve good planning outcomes.

2.6 Hornsby Development Control Plan 2013

The proposed development has been assessed having regard to the relevant desired outcomes and prescriptive requirements within the Hornsby Development Control Plan 2013 (HDCP). The following table sets out the proposal’s compliance with the prescriptive requirements of the Plan:

Subdivision of two lots into five:

HDCP – Part 6 Subdivision
Control	Proposal	Requirement	Complies
Site Area	3,330m²	N/A	N/A
Lot Area
- Lot 1	500.3m²	500m²	Yes
- Lot 2	500.1m²	500m²	Yes
- Lot 3	500m²	500m²	Yes
- Lot 4 (excluding access)	509.6m²	500m²	Yes
- Lot 5 (excluding access)	652.3m²	500m²	Yes
Minimum Lot Width at Building Line
- Lot 1	11.57m	12m	No
- Lot 2	13m	12m	Yes
- Lot 3	11.57m	12m	No
- Lot 4	16.46m	12m	Yes
- Lot 5	13.24m	12m	Yes
Accessway Width
- Carriageway	3m m	3m	Yes
- Landscape Verge	1m	1m	Yes

Proposed Lot 1 (Vacant)

HDCP – Part 6 Subdivision
Control	Proposal	Requirement	Complies
Indicative Building Envelope	320.3m²	200m²	Yes
Setbacks
- Front	6m	6m	Yes
- Side (north)	900mm	900mm	Yes
- Side (south)	900mm	900mm	Yes
- Rear	3m	5m	No
Landscaping	36%	20%	Yes
Open Space	>24m²	24m²	Yes
Car Parking	2 spaces	2 spaces	Yes

Proposed Lot 2 (Vacant)

HDCP – Part 6 Subdivision
Control	Proposal	Requirement	Complies
Indicative Building Envelope	202.2m²	200m²	Yes
Setbacks
- Front	900mm	900mm	Yes
- Side (north)	900mm	900mm	Yes
- Side (south)	900mm	900mm	Yes
- Rear	17.3m	5m	Yes
Landscaping	60%	20%	Yes
Open Space	>24m²	24m²	Yes
Car Parking	2 spaces	2 spaces	Yes

Proposed Lot 3 (Vacant)

HDCP – Part 6 Subdivision
Control	Proposal	Requirement	Complies
Indicative Building Envelope	323.1m²	200m²	Yes
Setbacks
- Front	5.5m	900mm	Yes
- Side (north)	900mm	900mm	Yes
- Side (south)	900mm	900mm	Yes
- Rear	3m	5m	No
Landscaping	35%	20%	Yes
Open Space	>24m²	24m²	Yes
Car Parking	2 spaces	2 spaces	Yes

Proposed Lot 4 (Vacant)

HDCP – Part 6 Subdivision
Control	Proposal	Requirement	Complies
Indicative Building Envelope	280m²	200m²	Yes
Setbacks
- Front	7.3m	900mm	Yes
- Side (north)	900mm	900mm	Yes
- Side (south)	900mm	900mm	Yes
- Rear	4.2m	5m	No
Landscaping	45%	20%	Yes
Open Space	>24m²	24m²	Yes
Car Parking	2 spaces	2 spaces	Yes

Repositioned dwelling house on proposed Lot 5

HDCP – Part 3.1 Dwelling Houses
Control	Proposal	Requirement	Complies
Height	4.5m	8.5m	Yes
No. storeys	1 storey	max. 2 + attic	Yes
Site Coverage	21.5%	50%	Yes
Floor Area	140m²	max. 380m²	Yes
Setbacks
- Front	29.5m	6m	Yes
- Side (north)	1.35m	900mm	Yes
- Side (south)	900mm	900mm	Yes
- Rear	4.8m	3m	Yes
Landscaped Area (% of lot size)	70%	30%	Yes
Private Open Space
- minimum area	>24m²	24m²	Yes
- minimum dimension	>3m	3m	Yes
Car Parking	2 spaces	2 spaces	Yes

As detailed in the above tables, the proposed development does not comply with a number of prescriptive requirements within the HDCP, including lot width and setbacks. The matters of non-compliance are detailed below, as well as a brief discussion on compliance with relevant desired outcomes.

2.6.1 Residential Land Subdivision

Submissions have been received raising concerns that:

· Future dwelling houses on the proposed lots would likely present privacy issues to the adjoining properties.

· A future dwelling house on Lot 2 would overshadow the swimming pool located on the adjacent property at No. 61 Woodcourt Road.

The size of allotments in the area surrounding the proposed development are generally in excess of 750m². The proposed development would result in 5 lots which are predominantly in the order of 500m² in area. The area of the proposed lots will result in a subdivision pattern which is inconsistent with the adjoining allotments and has the potential for the construction of future dwellings which could result in amenity impacts such as loss of privacy and overshadowing.

The site, particularly the area on which Lot 2 is proposed, contains a heavily vegetated section comprising medium and high retention value trees. Part 6.2.1(c) of the HDCP indicates that ‘the size of the proposed lot may need to be greater than the area prescribed in the table above, in order to achieve the minimum setbacks required from significant landscape features or to address site constraints’.

The proposed development is also not in keeping with Desired Outcome (b) of Part 6.2.1 of the HDCP which requires that subdivision design should provide setbacks to developable areas that will protect landscape features and provide separation between existing and future dwellings.

The proposal would be contrary to the desired outcomes of Part 6.2.1 Residential Lands Subdivision of the HDCP and is unacceptable in this respect.

2.6.2 Lot Width

The HDCP stipulates that the minimum lot width is to be 12m when measured at the front building line. Proposed Lots 1 and 3 would have a width of 11.57m when measured at the front building line of the indicative building envelope, contrary to the requirements of the HDCP.

The predominant width of proposed Lots 1 and 3 is 13m and tapers to a width of 11.57m to accommodate a passing bay at the Turner Road frontage and adjacent to Lot 3. The indicative building envelopes shown on the submitted plans for Lots 1 and 3 have an area of 320m², which is in excess of the HDCP requirement for the provision of a 200m²indicative building envelope. Although this HDCP non-compliance is considered minor and does not warrant refusal of the application when viewed in isolation, it contributes to the contention that the proposal in its current form is an overdevelopment of the site.

As discussed under Section 2.6.8 of this report, this technical non-compliance could be resolved through the reconfiguration of the subdivision pattern and the deletion of the 120m long accessway along the southern side boundary.

The proposal does not comply with the prescriptive requirements of the Part 6.2.1(d) of the HDCP and is unacceptable in this regard.

2.6.3 Setbacks

The provisions of the HDCP requires a minimum rear setback of 5m between the indicative building envelope and the rear boundary. Proposed Lots 1 and 4 would have a rear boundary setback of 3m and 4.2m, respectively, contrary to the requirements of the HDCP.

As the indicative building envelopes of proposed Lots 1 and 4 are shown as 320m² and 280m², respectively, it is considered that a HDCP compliant 200m² building envelope would be capable of complying with the rear setback requirements of the HDCP.

The proposal is deemed acceptable with regard to the setback provisions of the HDCP.

2.6.4 Tree and Vegetation Preservation

Submissions have been received raising concerns that:

· A large number of trees would be removed to facilitate the proposed development and the construction of future dwelling houses.

· Trees Nos. 20, 29, 31, 49 and 50 on adjoining properties are likely to be detrimentally impacted by the proposed and future development.

The submitted Arboricultural Assessment Report has assessed 103 trees, of which ten are identified of high retention value and twenty-nine of medium retention value.

The proposal would necessitate the removal of 56 trees from the subject site, comprising 27 trees to accommodate the proposed driveway handle from Turner Road and a further 29 trees within the proposed building envelopes.

Council’s tree assessment raises concerns that the proposed development would result in a substantial loss of vegetation and biodiversity. In particular, the removal of tree Nos. 19 (Cheese Tree), 23 (Cheese Tree), 24 (Cheese Tree), 25 (Cheese Tree), 26 (Cheese Tree), 43 (Magenta Lilly Pilly), 47 (Magenta Lilly Pilly), 51 (Magenta Lilly Pilly), 53 (Magenta Lilly Pilly) and 54 (Magenta Lilly Pilly) on proposed Lot 2 have been identified by Council as being of high value and should be retained.

The proposed accessway would also be located within 1m of trees on the adjoining site at No. 16A Turner Road, identified as tree Nos. 49 and 50. The submitted Arborist Report indicates that the accessway would be required to be constructed above grade to prevent the decline of these trees. Similarly, the submitted Arborist Report states that tree Nos. 20, 29 and 31 located on the adjacent property at No. 20 Turner Road would be located within 2m of the indicative building envelope within proposed Lot 2. To mitigate impacts to these trees, the arboricultural report has recommended that a future dwelling house on proposed Lot 2 be elevated within a 7m and 9m radius of tree Nos. 20 and 29, respectively. In conjunction with the significant clearing of vegetation within proposed Lot 2, Council’s tree assessment considers the recommendation to construct a future dwelling house with an elevated design on Lot 2 would result in a constraint for the future development of this lot.

As discussed under Section 2.6.5 of this report, the deletion of Lot 2 is recommended by Council as a means of addressing the overdevelopment of the site, including a reduction in loss of vegetation and biodiversity impacts.

Section 2.6.8 of this report provides a discussion and recommendations with regard to alternate subdivision designs that could be pursued by the proponent to reduce tree preservation and biodiversity impacts on the site.

The proposed development is contrary to Desired Outcome b) of Part 6.1.1 General Provisions of the HDCP which requires that subdivision design should provide for the retention of significant landscape features and respect site constraints.

2.6.5 Biodiversity

Submissions received raise concerns that the proposed development would result in a loss of fauna and habitat and that Lot 2 should be retained as open space for vegetation preservation purposes.

The site is located in close proximity to bushland mapped as Peppermint Angophora Forest and Narrow Leaved Scribbly Gum Woodland. The vegetation within the property is comprised of a mix of native canopy species, some native shrubs and groundcovers with exotic species dispersed throughout. The Biodiversity Development Assessment Report (BDAR) has identified the Magenta Lilly Pilly (Syzigium paniculatum) on site, which is listed as Vulnerable under the Biodiversity Conservation Act 2016 (BC Act) and Environmental Protection and Biodiversity Conservation Act 1999 (EPBC Act). The Macadamia Nut (Macadamia integrifolia) is also found within the site, which is listed as vulnerable under the EPBC Act.

The vegetation within the property has not been categorised into a vegetation community. The tree canopy surrounding the property was noted to include Angophora costata, Eucalyptus citriodora, Eucalyptus paniculata, Eucalyptus punctata and Eucalyptus robusta. The closest mapped vegetation community is Peppermint Angophora Forest which follows riparian corridors and is buffered by Narrow-leaved Scribbly Gum Woodland.

The submitted Arboricultural Assessment Report identifies 6 Magenta Lilly Pilly (Syzyzgium paniculatum) which are currently listed as a vulnerable species under the BC Act and EPBC Act. The proposed development would result in the removal and/or impact of at least 4 of these trees.

The NSW Biodiversity Conservation Regulation 2017 sets out thresholds for when the Biodiversity Offsets Scheme (BOS) would be triggered. A BDAR has been provided by Travers Ecology (dated 19 February 2020) and has considered the thresholds for the BOS as set out below:

1. Biodiversity Values Map - not triggered.

2. Area threshold – triggered.

3. Likely to significantly affect threatened species - not triggered.

The Statement of Environmental Effects describes the proposal as a 5-lot subdivision throughout two existing lots covering a total area of 0.33ha. The BDAR identified the area to be impacted as 0.24ha. While many trees within the property are in poor condition, the 18 Turner Road lot contains remnant canopy trees which are in good condition and worthy of retention. This pocket of vegetation provides connectivity with surrounding vegetation on adjoining properties. Only 5 trees (numbered 7, 19, 57, 81 and 103) have been identified by the arborist for retention out of 83 with 2 of these trees being locally indigenous. The BDAR has recorded the presence of the Large Bent-winged bat which is a vulnerable species listed under the BC Act. The development will remove vegetation which provides habitat for this species. This loss of biodiversity does not comply with the guidelines set out under the and does not adequately address the avoid and minimise principle under the Biodiversity Conservation Act 2013.

The proposed development does not meet desired outcome a of Part 1C.1.1 Biodiversity of the HDCP, as it does not propose development that provides for the conservation of biodiversity including threatened species and populations, endangered ecological communities and remnant indigenous trees.

2.6.6 Accessway Design

Submissions have been received raising concerns that a common turning area is required to facilitate exiting of vehicles in a forward direction and that visitor parking should be provided on-site to reduce on-street parking impacts.

Part 6.4.1(g) of the HDCP stipulates that a common vehicle turning area is required for an accessway serving 2 or more lots where vehicles would otherwise have to reverse more than 50m.

The proposed subdivision layout does not include the provision of a common turning area. As proposed Lots 1-4 are approximately 500m², the inclusion of a common turning area within the proposed subdivision pattern would result in the creation of one or more undersized allotments. The exclusion of the turning area, considered a critical component to a functional and safe subdivision layout.

In addressing the submission, it is noted that the HDCP does not require the provision of on-site visitor car parking for low density residential development. The proposal complies with the requirement for a minimum of 2 on-site car parking spaces per allotment and no concerns are raised in this regard.

The proposal would not comply with the desired outcomes of Part 6.4 Accessway Design of the HDCP and is unacceptable in this regard.

2.6.7 Stormwater Management and Flooding

Submissions have been received raising concerns that:

· The existing overland flow path and flooding issues present on the site would be exacerbated by the proposed development.

· The overland flow path on the site should be piped.

· The existing stormwater pipe underneath No. 67 Woodcourt Road needs to be upgraded and increased in diameter to cater to existing and proposed stormwater flows.

The northern portion of the site is identified as being flood prone land and contains an overland flow path and stormwater pipes within an existing 3.66m wide easement.

Insufficient information has been provided to enable Council to be satisfied that the proposed water management system to cater for stormwater from the proposed development can be adequately managed in conjunction with existing stormwater/ flooding that comes onto the site without creating additional flooding or impact upon these flows.

The proposal would not meet the desired outcomes of Part 1C.1.2 Stormwater Management and Part 1C.3.2 Flooding of the HDCP.

2.6.8 Alternate Design Scenarios

Submissions have been received raising concerns that the proposal in its current form is an overdevelopment of the site. It is suggested that an allotment be removed from the proposal.

As discussed under Section 2.6.5 of this report, development within close proximity to vegetation should seek to:

· Avoid potential adverse impact on biodiversity.

· If that impact cannot be avoided, minimise that impact.

· If the impact cannot be minimised, to mitigate the impact.

Council acknowledges that an alternate vehicular access point is available to the proponent which has not been utilised as part of this proposal. The western side of the subject site adjoins an unformed section of Lingellen Street, identified as a Council owned road currently dedicated to ‘road widening’ and provides vehicular access to the residential property at No. 26 Lingellen Street.

The subdivision as proposed would result in the removal of 27 trees to facilitate construction of the accessway, including 5 trees that have been identified by Council to be of ‘high’ value and worthy of retention (Tree Nos. 23, 43, 47, 53 and 54).

Council’s tree assessment has indicated that the proposal is an overdevelopment of the site and has recommended that the proposal be amended to retain the cluster of trees within proposed Lot 2 through the deletion of this lot, resulting in the creation of 4 allotments rather than the 5 currently proposed.

Given that alternate design options are available that would reduce the loss of trees on the site, it is deemed that the proponent has failed to address the avoid, minimise and mitigate principles under Part 1C.1.1 Biodiversity of the HDCP and the proposed development cannot be supported.

2.6.9 Privacy, Sunlight Access and Amenity

The application proposes to reposition the dwelling house located within the existing property at No. 67 Woodcourt Road, to be shifted approximately 9m in a north-eastern direction within proposed Lot 5.

As the dwelling house is a single storey structure, it is anticipated that the proposed repositioning would have a negligible impact with regard to the sunlight access received within the open space areas on adjacent properties.

In addition, it is considered that the repositioned dwelling house would be in keeping with the established front and rear dwelling setbacks of the adjacent residential properties at No. 45 Lingellen Street and 61 Woodcourt Road. In this regard it is assessed that the proposed repositioning would pose a neutral impact with respect to privacy and amenity received on these adjacent properties.

2.7 Section 7.11 Contributions Plans

Hornsby Shire Council Section 7.11 Contributions Plan 2020-2030 applies to the development as it would result in an additional 3 allotments in lieu of the 2 existing allotments. Accordingly, the requirement for a monetary Section 7.11 contribution would be imposed if Council were minded grant consent.

3. ENVIRONMENTAL IMPACTS

Section 4.15(1)(b) of the Act requires Council to consider “the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality”.

3.1 Built Environment

3.1.1 Built Form

The physical works proposed include the demolition of the dwelling house and ancillary structures at No. 18 Turner Road, the construction of a 120m long accessway along the southern side boundary, the construction of an on-site stormwater detention system and the reposition of the dwelling house at No. 67 Woodcourt Road within Lot 5.

Concerns are raised that the subdivision pattern in its current form is inconsistent with the adjoining allotments and is likely to contribute to amenity impacts such as loss of privacy and overshadowing upon the construction of future dwelling houses on the allotments.

3.1.2 Traffic

The proposal would result in the provision of 5 allotments in lieu of the existing 2 allotments. It is anticipated that the proposal would generate an additional 6 vehicle movements in the AM and 6 vehicle movements in the PM.

The proposed development would pose a negligible impact to traffic generation in the locality and is deemed acceptable in this regard.

3.2 Social Impacts

The proposal would not result in any social impact to the surrounding locality.

3.3 Economic Impacts

The proposal would have a minor positive impact on the local economy in conjunction with other land subdivisions and low-density residential development in the locality by generating an increase in demand for local services.

4. SITE SUITABILITY

Section 4.15(1)(c) of the Act requires Council to consider “the suitability of the site for the development”.

The vegetation within the property is comprised of a mix of native canopy species, some native shrubs and groundcovers with exotic species dispersed throughout. 83 trees are located within the subject site, 56 of which would be removed to facilitate the proposed accessway and future dwelling houses. The site contains a cluster of high value trees predominantly located within proposed Lot 2 which would be either removed or detrimentally impacted by the proposal. It is considered that the proposal in its current form is an overdevelopment of the site and does not address the substantial site constraints.

The northern portion of the site is identified as being flood prone land and contains an overland flow path and stormwater pipes within an existing 3.66m wide easement adjacent to an open earth drain. Insufficient information has been provided to undertake a comprehensive assessment that the proposed water management system can be adequately managed in conjunction with existing stormwater / flooding that comes onto the site without creating additional flooding or impact upon these flows.

The scale of the proposed development is inconsistent with the capability of the site and is considered unacceptable.

5. PUBLIC PARTICIPATION

Section 4.15(1)(d) of the Act requires Council to consider “any submissions made in accordance with this Act”.

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 28 February 2020 and 26 March 2020 in accordance with the Hornsby Community Participation Plan. During this period, Council received 15 submissions. The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

8 SUBMISSIONS RECEIVED OUT OF MAP RANGE

15 submissions objected to the development, generally on the grounds that:

· A large number of trees would be removed to facilitate the proposed development and the construction of future dwelling houses.

· The existing overland flow path and flooding issues present on the site would be exacerbated by the proposed development.

· Future dwelling houses on the proposed lots would likely present privacy issues to the adjoining properties.

· The scenic outlook from the adjacent site at No. 45 Lingellen Street to the existing vegetation on the subject site would be disturbed by the proposed development.

· The proposal in its current form is an overdevelopment of the site. It is suggested that 1 allotment be removed from the proposal.

· The submitted Waste Management Plan is silent on asbestos removal noting that the dwelling to be demolished on Lot 1 contains asbestos.

· Trees on adjoining properties are likely to be detrimentally impacted by the proposed development and future development, such as tree Nos. 20, 29 and 31.

· A number of submissions assume that the proposal in its current form proposes vehicular access via Lingellen Street, which it is argued would increase traffic, reduce off-site parking and impact upon service vehicle access.

· The loss of fauna and habitat as a result of the proposed removal of vegetation.

· Lot 2 should be retained as open space for vegetation preservation purposes.

· The overland flow path on the site should be piped.

· The existing stormwater pipe underneath No. 67 Woodcourt Road needs to be upgraded and increased in diameter to cater to existing and proposed stormwater flows.

· Provision of a common turning area is required to facilitate the exiting of vehicles in a forward direction.

· Visitor parking should be provided on-site to reduce on-street parking impacts.

· A future dwelling house on Lot 2 would overshadow the swimming pool located on the adjacent property at No. 61 Woodcourt Road.

1 submission supported, or were neutral to the development and made the following observations:

· The hypothetical use of Lingellen Street for access to proposed Lots 2 and 4 is sensible, safe and would negate the need of the lengthy proposed accessway.

The merits of the matters raised in community submissions have been addressed in the body of the report with the exception of the following:

5.1.1 Scenic Views

A submission has been received raising concerns that the scenic outlook from the adjacent site at No. 45 Lingellen Street to the existing vegetation on the subject site would be disturbed by the proposed development.

In addressing these concerns, it is acknowledged that residents in the vicinity currently enjoy uninterrupted views of the vegetation to the rear of the subject site. The HDCP requires that a development allow for reasonable sharing of ‘significant’ views, including water views and iconic views. Although the vegetation contributes to the amenity of the area, the removal of these trees would not impact upon any ‘significant’ views and is considered acceptable in this regard.

5.1.2 Asbestos Removal

A submission has been received raising concerns that the submitted Waste Management Plan is silent on asbestos removal noting that the dwelling to be demolished on Lot 1 contains asbestos.

Should consent be granted to the proposed development, a condition of consent would be recommended requiring that all demolition work be carried out in accordance with Australian Standard AS2601-2001 Demolition of structures by a contractor that holds an appropriate licence issued by SafeWork NSW.

5.1.3 Lingellen Street

A number of submissions assume that the proposal in its current form proposes vehicular access via Lingellen Street, which is argued would increase traffic, reduce off-site parking and impact upon service vehicle access.

The proposal in its current form does not propose vehicular access from Lingellen Street. It is acknowledged however that Lingellen Street could be utilised by the proponent as an alternate vehicular access point subject to Council’s consideration of potential impacts including traffic, parking and service vehicle access under a future development application.

5.2 Public Agencies

The development application was not required to be referred to any Public Agencies for comment.

6. THE PUBLIC INTEREST

Section 4.15(1)(e) of the Act requires Council to consider “the public interest”.

The public interest is an overarching requirement, which includes the consideration of the matters discussed in this report. Implicit to the public interest is the achievement of future built outcomes adequately responding to and respecting the future desired outcomes expressed in environmental planning instruments and development control plans.

The application fails to satisfactorily address Council’s criteria and would provide a development outcome that, on balance, would result in a negative impact for the community. Refusal of the proposal would be in the public interest.

CONCLUSION

The application proposes the demolition of an existing dwelling house and Torrens title subdivision of 2 lots into 5 lots on land known as No. 18 Turner Road and No. 67 Woodcourt Road, Berowra Heights.

The development does not meet the desired outcomes of Council’s planning controls and is unsatisfactory having regard to the matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979.

Council received 15 submissions during the public notification period. The matters raised have been addressed in the body of the report.

Having regard to the circumstances of the case, refusal of the application is recommended.

The reasons for this decision are:

· The proposed development does not comply with the requirements of the relevant environmental planning instruments and the Hornsby Development Control Plan 2013.

· The proposed development creates unreasonable and unknown environmental impacts with regard to privacy, vegetation preservation, biodiversity, flooding, stormwater management and vehicle manoeuvrability.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this report is Thomas Dales.

Cassandra Williams

Major Development Manager - Development Assessments

Planning and Compliance Division

Rod Pickles

Manager - Development Assessments

Planning and Compliance Division

Attachments:

1.	Locality Map
2.	Survey Plans
3.	Subdivision Plans
4.	Stormwater Plans

File Reference: DA/123/2020

Document Number: D08050110

SCHEDULE 1

1. The proposed development is unsatisfactory in respect to Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979 with regard to State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 as 56 trees would be removed to facilitate the development and numerous trees proposed to be retained would be detrimentally impacted by the development.

2. In accordance with Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, the proposal does not comply with the desired outcomes and the prescriptive measures of Hornsby Development Control Plan 2013 (HDCP) as follows:

2.1 The proposal does not comply with the ‘Tree and Vegetation Preservation’ prescriptive measure within Part 1B.6.1(a) of the HDCP as 56 trees would be removed to facilitate the development and trees proposed to be retained would be detrimentally impacted by the development.

2.2 The proposal does not comply with the ‘Biodiversity’ prescriptive measures within Parts 1C.1.1(a) (c) (d) and (e) of the HDCP as it does not propose development that provides for the conservation of biodiversity including threatened species and populations.

2.3 The proposal does not comply with the ‘Stormwater Management’ prescriptive measures within Parts 1C.1.2(d) and (e) of the HDCP as insufficient information has been provided to undertake a comprehensive assessment with regard to stormwater management.

2.4 The proposal does not comply with the ‘Flooding’ prescriptive measures within Part 1C.3.2(b) of the HDCP as insufficient information has been provided to undertake a comprehensive assessment with regard to flooding on the subject site and adjacent sites.

2.5 The proposal does not comply with the ‘Residential Lands Subdivision’ prescriptive measures within Parts 6.2.1(c) and (d) of the HDCP as the proposed development is an overdevelopment of the site given the site constraints.

2.6 The proposal does not comply with the ‘Accessway Design’ prescriptive measure within Part 6.4.1(g) of the HDCP as a common turning area has not been provided to facilitate the egress of vehicles in a forward direction from the site.

3. In accordance with Section 4.15(1)(c) of Environmental Planning and Assessment Act 1979, it is considered that the proposal results in an overdevelopment of the site.

4. In accordance with Section 4.15(1)(b) and (e) of Environmental Planning and Assessment Act 1979, it is considered that the proposed development would not be in the public interest and would result in undesirable environmental impacts.

- END OF REASONS FOR REFUSAL -